6D (4) - Laserfiche WebLink

Home Browse Search

USE, MANAGEMENT AND OPERATIONS AGREEMENT This Use, Management, and Operations Agreement ( "L'se Agreement ") is made and entered into this day of , 2011 by and between Data Realty Northern Indiana, LLC (the "Company ") and the South Bend Redevelopment Commission (the "Commission's the governing body of the Department of Redevelopment of the City of South Bend, Indiana, existing and operating under the provisions of Indiana Code 6 36 -7 -14, as amended (collectively the "Parties "), Background A. The Parties entered into a Contract for Purchase and Sale (`'Contract ") for property located in the Ignition Park Planned Unit Development ( "IPPUD ") with the legal description as follows: See Exhibit A (the "Property ") B. Company plans to build a data storage facility of not less than 45,000 square feet and not more than 55,000 square feet which will utilize substantial electric power. C. One of the attributes of the Property is the availability and reliability to access electric power. D. As part of the Contract for Purchase and Sale, Company is providing Commission five (5) Racks as defined in the Contract in the Company's facility, and as a further inducement for Company to locate in the Property, Commission shall provide at its cost a Generator switch gear and transformers reasonably satisfactory to Company on the Property to be used as a back up power source pursuant to paragraph 6(f) and 7(c) of the Contract. A description of the Generator is attached hereto as Exhibit `B" (the "Generator "). NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein and for all other good and valuable consideration the receipt of which is mutually acknowledged, the Company and the Commission agree as follows: 1. In of Background. The items in the background section shall be incorporated into the operational provisions of this Agreement as if fully set out herein. 1